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(영문) 부산지방법원 2015.12.18 2015고단7173
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 30, 2013, the Defendant received a summary order of KRW 4 million from the Busan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and confirmed on November 12 of the same year. On May 7, 2014, the above court received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) and received a summary order of KRW 3 million from the same court on May 7, 2014.

5. A person who has violated the provisions concerning the prohibition of operation under the influence of alcohol not less than twice, which became final and conclusive in 30.

Nevertheless, on September 6, 2015, at around 22:30, the Defendant was under the influence of alcohol with 0.095% of blood alcohol level, and the Defendant was driving B Poter truck at a distance of approximately 100 meters from the Geum-gu, Busan to the front of the solar industry located in the same Gu and Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a fine in consideration of circumstances of selective driving;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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